Pope says Bruck violated trust

Published: Thursday, January 26, 1995 at 3:15 a.m.

Last Modified: Thursday, January 26, 1995 at 12:00 a.m.

Solicitor Tommy Pope is still fuming two weeks after Susan V. Smith's lawyer prematurely announced Smith will face the death penalty, and Pope is making the defense work harder to get information. But Smith's lawyer, David Bruck, said Wednesday that Pope's tactics could jeopardize the April 24 trial date. "I don't see what difference it made, and I find it difficult to see why it is such a sore spot," Bruck said about the news conference he called Jan. 15 - the day before Pope officially notified Smith that he will seek the death penalty if she's convicted of the drowning deaths of her two young sons. Bruck, who has formally asked for the evidence against Smith twice, said it is time for Pope to "put personal hurt feelings behind him and get on with getting this case ready for trial." However, Pope said Bruck violated his trust and won't be receiving the kind of openness he initially offered and usually offers other defense lawyers. "After the Sunday press conference (Bruck) had prior to death penalty notice - he's reset the parameters," Pope said. In past cases, Pope said his policy has been to give lawyers full access to all documents he has on file. However, Pope said he will rethink his "open file policy" at a Friday hearing before newly assigned Judge William Howard in York. If Pope does limit access, Bruck will have to formally ask for each bit of evidence and would not be privy to other documents such as reports and memos that Pope isn't required to give him. If Pope produces the evidence in a timely manner, Bruck said he could see trying the case in late spring or early summer. Pope, who is concentrating on another murder trial in York this week, said the documents Bruck has is a large portion of the evidence expected to come in. So far Bruck said he has received about 34 items, 40 percent of which are Smith's hospital records. He has also received miscellaneous witness statements and reports from the divers who found the Union County boys. Both Bruck and Pope do agree, at least for now, that the trial should remain in Union. "At this point I simply do not have any reason to think that the people in Union couldn't be fair to (Smith)," Bruck said. He said every county in the United States has been exposed to the nine-day search for Michael, 3, and Alex, 14 months, both of whom were found strapped in their safety seats in their mother's car, which had been submerged in John D. Long Lake. "But the fact that people have heard about the case doesn't all by itself mean they can't put aside what they have heard and base their decision on the evidence," Bruck said. Pope is not ruling out moving the trial because of publicity and sensationalism, but said he thinks a Union trial would help the small textile community heal. However, Pope said Bruck, a nationally known death penalty lawyer, might be "lacing (the case) with issues" that could help overturn Smith's conviction. By waiving objections to trying the case in Union, Bruck might later be ruled unfit to serve as Smith's lawyer, Pope said. "At this point nothing that Mr. Bruck chooses to do in this case surprises me," he said. Bruck said he was puzzled by Pope's comments. "If it was as easy to get a murder conviction overturned on appeal as Mr. Pope appears to think it is, I'd be able to handle most of my appellate work over the telephone," Bruck said. Many residents and officials were not surprised that Bruck and Pope would like the trial held in Union, which has become a second home for satellite dishes and talk show hosts. Some say Smith's most compassionate jurors would come from her hometown. Sheriff Howard Wells refused to second-guess the decisions of either of the attorneys, but he did say Smith can receive a fair trial in Union County. Union native Cecil Gault said Smith would "get a better break here than anywhere. People have feelings for each other here." Others like Gerald Hindman admit this compassion exists within Union but believe the weight of this case's publicity will outweigh any sympathy. "I don't think it makes a difference where they hold it," he said. "People everywhere have been predisposed to believe what they believe." County Supervisor Donnie Betenbaugh said he has anticipated the trial will occur in town and is holding meetings with law enforcement officials to develop a plan to handle the droves of reporters and onlookers expected to accompany the proceedings. Also Wednesday, South Carolina Attorney General Charlie Condon said Union County can accept private donations to help pay for the cost of Smith's prosecution. Clerk of Court June Miller said the county has received about $955 from people across the country. She said the money was earmarked to pay for the trial. VENUE0.1

<p> Solicitor Tommy Pope is still fuming two weeks after Susan V. Smith's lawyer prematurely announced Smith will face the death penalty, and Pope is making the defense work harder to get information. But Smith's lawyer, David Bruck, said Wednesday that Pope's tactics could jeopardize the April 24 trial date. "I don't see what difference it made, and I find it difficult to see why it is such a sore spot," Bruck said about the news conference he called Jan. 15 - the day before Pope officially notified Smith that he will seek the death penalty if she's convicted of the drowning deaths of her two young sons. Bruck, who has formally asked for the evidence against Smith twice, said it is time for Pope to "put personal hurt feelings behind him and get on with getting this case ready for trial." However, Pope said Bruck violated his trust and won't be receiving the kind of openness he initially offered and usually offers other defense lawyers. "After the Sunday press conference (Bruck) had prior to death penalty notice - he's reset the parameters," Pope said. In past cases, Pope said his policy has been to give lawyers full access to all documents he has on file. However, Pope said he will rethink his "open file policy" at a Friday hearing before newly assigned Judge William Howard in York. If Pope does limit access, Bruck will have to formally ask for each bit of evidence and would not be privy to other documents such as reports and memos that Pope isn't required to give him. If Pope produces the evidence in a timely manner, Bruck said he could see trying the case in late spring or early summer. Pope, who is concentrating on another murder trial in York this week, said the documents Bruck has is a large portion of the evidence expected to come in. So far Bruck said he has received about 34 items, 40 percent of which are Smith's hospital records. He has also received miscellaneous witness statements and reports from the divers who found the Union County boys. Both Bruck and Pope do agree, at least for now, that the trial should remain in Union. "At this point I simply do not have any reason to think that the people in Union couldn't be fair to (Smith)," Bruck said. He said every county in the United States has been exposed to the nine-day search for Michael, 3, and Alex, 14 months, both of whom were found strapped in their safety seats in their mother's car, which had been submerged in John D. Long Lake. "But the fact that people have heard about the case doesn't all by itself mean they can't put aside what they have heard and base their decision on the evidence," Bruck said. Pope is not ruling out moving the trial because of publicity and sensationalism, but said he thinks a Union trial would help the small textile community heal. However, Pope said Bruck, a nationally known death penalty lawyer, might be "lacing (the case) with issues" that could help overturn Smith's conviction. By waiving objections to trying the case in Union, Bruck might later be ruled unfit to serve as Smith's lawyer, Pope said. "At this point nothing that Mr. Bruck chooses to do in this case surprises me," he said. Bruck said he was puzzled by Pope's comments. "If it was as easy to get a murder conviction overturned on appeal as Mr. Pope appears to think it is, I'd be able to handle most of my appellate work over the telephone," Bruck said. Many residents and officials were not surprised that Bruck and Pope would like the trial held in Union, which has become a second home for satellite dishes and talk show hosts. Some say Smith's most compassionate jurors would come from her hometown. Sheriff Howard Wells refused to second-guess the decisions of either of the attorneys, but he did say Smith can receive a fair trial in Union County. Union native Cecil Gault said Smith would "get a better break here than anywhere. People have feelings for each other here." Others like Gerald Hindman admit this compassion exists within Union but believe the weight of this case's publicity will outweigh any sympathy. "I don't think it makes a difference where they hold it," he said. "People everywhere have been predisposed to believe what they believe." County Supervisor Donnie Betenbaugh said he has anticipated the trial will occur in town and is holding meetings with law enforcement officials to develop a plan to handle the droves of reporters and onlookers expected to accompany the proceedings. Also Wednesday, South Carolina Attorney General Charlie Condon said Union County can accept private donations to help pay for the cost of Smith's prosecution. Clerk of Court June Miller said the county has received about $955 from people across the country. She said the money was earmarked to pay for the trial. VENUE0.1</p><!-- Nothing to do. The paragraph has already been output -->